Can i get fired from my job if i have to have surgery?

Question

i live in indiana and have been at my current job since may of 07.i hjave been having problems with my back and feet and may need to have minor surgery for heel spurs if needed.i have had some attendence problems in the past and was told today that if i had to be off for my back and foot problems,that i could lose my job.can they to that?

Answer 1

Yes, they can fire you.  You stated that you have a poor attendance record now, and this will only add to the fire.  They have a job that needs doing and can hire someone that will be there to do it.

Answer 2

The answer here is "They think they can so they probably can."

You admit yourself that you have had an attendance problem in the past. That is enough to discharge you right now, operation or no.

I would suggest that you try to deal with them. Take the time off with out pay if it will save your job.

Remember thatt when you have a job, you have a contract with your employer. You said that you were worth so much an hour... and he said you were worth so much an hour... and you came to an agreement and you accepted thawagebe they are paying you.

For that wage you told them you would do this, this and this. Along the line somewhere you decided that you didn't want to do that today and probably got paid for a sick day. There is that possibility that they are now paying you more money than you bring in for the company so they want to get rid of you.

If you want to stay, make sure your an asset!

Answer 3

Indiana is a Right to work state; it's possible. I'd talk to the local National LAbor relations board office before I got too far here.

Answer 4

they cant fire you for having the surgery but they can reevaluate you because of past absences...

if you have too many unexcused absences in the past then they could fire you on those grounds...

Answer 5

Indiana employers can fire you for anything. They will not say that it was related to your medical situation, unless you are a hazard to the workplace (like a pregnant woman working on the line at the GM plant, but in that situation they may give her a different job to do)

But all they have to say is that you have poor attendance and they need someone who is dependable.  

If you've been there long enough, you should be able to get unemployment.

Good luck

Answer 6

Yes, probably.  Unless you and the company fall under the protection of the family medical leave act, a private employer is not obligated to retain an employee or the position when the employee requests time off - it's called at will employment - you can leave the job at any time and the employer can let you go at any time.  

Answer 7

Indiana is an "at will" state so they can fire you basically for any reason. Since you have been there for over a year you may be protected under the Family Medical Leave Act but I am not sure back surgery falls under this act. I would look it up and see if it applies here. If it doesn't, then I would just talk to your employer and explain the situation and see what option you have.